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This overview of the role played by the precautionary principle in international trade law, European law and national law compares how precautionary considerations have been applied in the fields of pesticide regulation and the regulation of base stations for mobile telephones in Sweden, the UK and the US. A number of problems in the current application of the precautionary principle are identified and discussed. For example, it is shown that a firm reliance on a wide and open-ended precautionary principle may lead to problems with the consistency, foreseeability, effectiveness and efficiency of measures intended to reduce environmental or health risks. It is suggested that the precautionary principle indeed may be an important tool, but that in order to be acceptable it must be coupled with strong requirements on the performance of risk assessments, cost/benefit analyses and risk trade-off analyses.

Examines the application of the precautionary principle in WTO law, EU law and three national legal systems, giving an overview of its role on the international, European and national levels

Explores whether the precautionary principle has been applied rationally and consistently in a number of policy fields in Sweden, the UK and the USA

Argues that the application of cost/benefit risk trade-off analysis will improve the application of the precautionary principle and provides suggestions for how the principle can be used in a more effective, efficient and legally certain fashion

Reviews & endorsements

'This book has advanced our understanding of the legal scope and application of the principle and is an essential text for environmental lawyers and practitioners as well as researchers, policy makers and students with an interest in environmental and public health regulation.'
Environmental Liability

'Zander's proposal hits the nail on the head.'
The Cambridge Law Journal

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Product details

Date Published: August 2010

format: Hardback

isbn: 9780521768535

length: 408pages

dimensions: 234 x 158 x 23 mm

weight: 0.77kg

availability: In stock

Table of Contents

1. Introduction 2. Risk and uncertainty: basic concepts and tools for the application of the precautionary principle 3. The precautionary principle in international law 4. The precautionary principle in EC law 5. The precautionary principle in Sweden 6. The precautionary principle in the United Kingdom 7. The precautionary principle in the United States 8. Conclusions.

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Author

Joakim Zander, EU Chemicals AgencyDr Joakim Zander is currently responsible for the free movement of goods and services at the EFTA Surveillance Authority in Brussels. He has previously worked as a legal officer in DG Enterprise of the European Commission and as a political assistant in the European Parliament. He holds a PhD in law from Maastricht University, the Netherlands, and a Master of Laws degree (juris kandidat) from Uppsala University, Sweden.

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